If Fluke takes him to court???

[Omaha Steve]

A co-worker came up with this.

Slander, defamation, etc., could Rush even do a show while tied up in court? I'd give $ to pay her lawyer.

OS

[CrispyQ]

1. I'd give too. -nt

[elleng]

2. Yes he could, its civil litigation,

difficult to prove. He wouldn't be 'tied up in court,' their lawyers would be for some time, and a trial, if any, would occur at the end.

Previously discussed:
http://www.democraticunderground.com/125120545

[onenote]

4. +1

[KharmaTrain]

3. Why Not?

As long as he doesn't discuss the case he should be free to work. A lot depends on the nature of the case, the location and the judge as to what parts of the case he could discuss. First lets see if she has grounds to launch a suit and chooses to do so.

[jaysunb]

5. No need to pay attorney fees...

This is a contingincy case, and I'm absolutley sure there's a war going on, to be the lucky firm to get this case.

[dogknob]

6. Rush's attorneys will go through her entire life with a fine-tooth comb

Who needs that shit?

They will get some jerk she turned down in high school claiming he butt-fucked her.

[Bigmack]

12. And her attorney will go through his.... $ettlement... Big $ettlement... no trial. nt

[unblock]

7. she could, of course, but the downside is that then her sex life would become fair game

the first and most basic problem is that she'd have to show damage. unless she's been fired from her job or can otherwise argue that the direct or indirect effects of his sexist slurs have cost her money or caused her emotional damage that should be compensated significantly, she still doesn't have a case. or she's got the kind of case where you win and are awarded a mere $1.

i'm pretty sure the "slut" remark itself would already constitute damage, though the amount may not be significant.


but the big problem is that her sex life becomes perfectly legitimate. the defense can trot out "witnesses" saying all sorts of ugly things because probably his best defense would be to argue that his statements weren't lies. if the defense paints a picture of her as sexually active, or at least seemingly sexually active, then he would have a very good shot at winning.

even if it didn't work, her sex life (or lack thereof) would be fodder for comedians and political pundits across the nation.

so, much as i think rush deserves to get sued and to lose, i'm not sure this would overall be a net good, at least not for fluke.

so far i'm quite happy with how this is playing out. his show is losing sponsors left and right, and that ultimately will cost rush AND his backers in the wallet. this kind of justice is faster and probably amounts to a more expensive "fine" anyway.

[elleng]

9. Agree, 100%, AND

the notoriety he (and Rep. Issa) provided her is likely, imo, to enhance her future, as an attorney or whatever.

[mrJJ]

8. Anyone can be sued...Objective is to win the case.

Max Kennerly with The Beasley Firm told the Philidelphia Daily News that Fluke could “definitely” sue the radio host because he had made “false statements of fact.”

Heres a link to the Beasley Firm

http://www.beasleyfirm.com/

There is an opposing argument also made at this link re: Max Kernerly statement.

http://www.litigationandtrial.com/

[onenote]

10. being able to sue and winning are different things.

A lot goes into a defamation action and I have no doubt that Ms. Fluke will weigh the pros and cons of bringing a suit, particularly since she is viewed sympathetically in the court of public opinion and an adverse verdict in a trial could undo that.

[Major Hogwash]

11. Hahahaha!!!!!!

Not even going to bother arguing with you about this.

[onenote]

16. Not going to or can't?

[JDPriestly]

14. I suspect that Max Kernerly has not read Sandra Fluke's statement

or listened to the portions of Limbaugh's testimony in which he purports to quote Sandra Fluke' testimony. In fact, Limbaugh does not just call Sandra Fluke insulting names. He clearly claims that she "admitted" to an over-active sex life.

Doesn't mean Sandra Fluke could win. It's really hard to win a slander claim, but if I were she, I would talk to a number of lawyers about what they think and decide from there. She will probably get really good advice from Georgetown.

It may not be something that the school could sue about, but in my opinion Limbaugh also hurt the reputation of Georgetown.

If nothing else, Limbaugh has offended some very important and powerful people with this one. Most of them will remain silent until this passes over, and then, I would not want to be Limbaugh. His every word will be reviewed.

That is because, when you watch her on TV, it is evident that Ms. Fluke is a sweet, charming, sincere, innocent young woman.

[BadgerKid]

15. There was another RW talk show on

recently (Wednesday?) where the host Mark Levin was "arguing" Fluke is indeed a public figure since she had sought or was being sought by Pelosi to give her testimony. He went so far as to suggest this whole thing was a trap deliberately set up by "the liberals."

[JDPriestly]

17. If he lied about what she said, there is still a question.

He claims he was just joking. That would be for a jury to decide.

[JDPriestly]

13. I should think there might be a lawyer who would gladly pay to depose Rush.

What a rush!!!